UK Initiatives

BMA response to the UK Health and Safety Executive's Revised Proposal for an Approved Code of Practice on Passive Smoking at Work

20 April 2000

Mrs Michele McDermott
Health and Safety Executive
Health Directorate, Division A
7th Floor, North Wing, Rose Court
2 Southwark Bridge
London SE1 9HS

Dear Mrs McDermott,

Thank you for your correspondence requesting comments on the above revised proposal.

In our comments on the original draft (dated 27 October 1999) we congratulated the Executive on this valuable document and warmly welcomed the proposal to introduce an Advisory Code of Practise (AcoP) to protect workers from passive smoking in the workplace. We also made detailed suggestions for revisions to ensure that both the AcoP and the related Regulatory Impact Assessment (RIA) would take account of the proven health risks of passive smoking.

We are pleased that our comments regarding the costs and benefits of an AcoP are largely dealt with in the revised RIA, which provides a more realistic assessment of the benefits of clean air policies. Nevertheless, we note with disappointment that our concerns regarding the weight given to the proven health risks of passive smoking remain unaddressed. We advised that a sound code of practice must give due weight to the validity and the strength of scientific knowledge of the harmful effects of passive smoking, rather than rely on the concept of worker's welfare. However, the revised proposal and accompanying guidance appear to lend even less emphasis to this serious concern, with reference made throughout only to workers' welfare, and reference to workers' health now almost entirely eliminated.

The BMA strongly dissents from the view that protection from passive smoking is primarily a matter of welfare rather than health. We take this opportunity again to draw your attention to the proven health risks of passive smoking, as documented by an authoritative body of scientific literature and evaluated by numerous independent expert committees, including the Government's own Scientific Committee on Tobacco and Health.

Existing legislation (Health and Safety at Work Act, 1974) clearly imposes an obligation on employers to ensure that all reasonable measures are taken to ensure the health and safety of their workers. We urge the Executive to recognise that a useful code of practise must provide clear guidance to help employers fulfil their duties to protect workers' health from the very real dangers of passive smoking. Not only does this proposal fail adequately to recognise the need to protect workers' health, it leaves businesses - especially small businesses - open to the risk of civil litigation for failing to do so.

The BMA is grateful for the opportunity to take part in this consultation process, and would be pleased to provide further assistance if that would be helpful.

Yours sincerely,

M J Lowe
Deputy Secretary